Defective Products Lawyer in California, MO.

Defective Products Lawyer in California, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in California, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may use lawnmowers on the weekend. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, shipped and sold. When there is an oversight in the chain of distribution and a product becomes defective, it can have a disastrous effect on on your life and lives of those you love in California, MO. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you are owed.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have secured our clients in California and beyond in excess of $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in California, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in California, MO, learn the true value of your case by filling out our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in California, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• What to Do if You're Injured by a Dangerous Product?
• Can I Sue a Company if Their Product Gave Me Cancer?
• Can I Sue for a Defective Car Part if it Caused My Accident?

California, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products cause more than 29 million injuries and 21,000 deaths each year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable harm an unsafe product can cause.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in California, MO for passionate, dedicated and expert support and legal advocacy.

What is the Process for Defective Products Claims in California, MO?

According to Missouri Revised Statute §537.760, you and your California, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are true:

1. The person was part of the product's design, manufacture, distribution and sale.
2. The product was used in a way rationally anticipated.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:

• The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
• The vendor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case presents evidence that the seller was involved in any other part of the design and manufacturing process.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they led on, were otherwise responsible for the hazardous condition or the manufacturer is unable to compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense will only work for for failure to warn product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in California, MO depend on the concept of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held accountable for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is liable for any injuries that stems from the reasonable use of a product, irrespective of negligence. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your California, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — when it left the manufacturer's or distributor's control.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

1. Design Defect: A design defect is an inherent flaw in the design that subsequently affects all products with the same design. An example is an improperly designed safeguard on a power tool.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for verifying that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in California, MO will fight by your side and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in California, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the defense that you are liable for a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the harm they have caused. Your California, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect the public to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can significantly diminish it. Suppose you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee someone doing that, but will not be completely responsible because you were being reckless.
• You knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the stream of commerce can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies implement a lot of deceitful tactics to try and lower your claim, but your California, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal counsel that parallels and surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in California, MO

Our defective products lawyer team sees in California, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Seats
• Accelerators

Offroad vehicles like ATVs can also cause injuries, for instance if a design defect gives them a heightened propensity to rolling over.

Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.

Defective Medical Devices Lawyer in California, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in California, MO has seen be defective are:

• Artificial joints that can result in infections, limited mobility, pain or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can perforate organs, cause pain in the pelvic region, excessive blood loss and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a defective medical device ended up worsening your condition, your California, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in California, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in California, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in California, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in California, MO knows that being hurt by a faulty product can completely upend your life. That is why we strive to see the injured in California and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your California, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in California, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.